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Most Employers are Required to Display New NLRB Poster

The National Labor Relations Board (“NLRB”) recently issued a new rule requiring most private sector employees to post a notice (“Notice”)  informing employees of their rights under the National Labor Relations Act (“NLRA”).  Pursuant to the rule, which becomes effective on November 14, 2011, the Notice must contain specific language informing employees of their right to form, join, or assist a union; to bargain collectively; to join in other concerted activities; and to refrain from such activities.

The rule states that the Notice must be 11-by-17 inches in size, and it must be posted in all places where other employment-related notices are posted.  The Notice must be posted in English as well as a foreign language if the foreign language is spoken by 20% or more of the employer’s workforce (the NLRB will provide translations of the Notice in other languages).  Employers that typically post personnel rules and policies on an internet or intranet site should also post the Notice there, in addition to a physical posting. Employers are not required to distribute the posting by email, Twitter or other electronic means.  A copy of the Notice is available for download on the NLRB website at www.nlrb.gov

There is a chance that the rule will not go into effect on November 14, 2011 due to an increasing backlash against it.  Representative Scott DesJarlais of Tennessee recently introduced House Bill 2854 seeking to repeal the rule.  Additionally, the National Association of Manufacturers has filed a lawsuit against the NLRB in the federal district court in Washington, DC in an attempt to block the rule.   Due to these recent developments, we recommend that employers be prepared to post the Notice but refrain from posting it until the November 14, 2011 deadline in the event that the rule is successfully challenged.